NATESH MALHOTRA vs RAMESH KUMAR SETHI

IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 25.04.2026 FAO 44/2025 & CM APPL.11815/2025 NATESH MALHOTRA .....Appellant Through: Mr. Ashish Mohan, Senior Advocate Mr. Sumit Rajput and Mr. Auritro Mukherjee, Advocates versus RAMESH KUMAR SETHI .....Respondent Through: Mr. Akash Nagar, Mr. Sundar Bansal, Mr. Mayank Jha, Advocates. CORAM: HON'BLE MR. JUSTICE MANOJ KUMAR OHRI ORDER 25.04.2026 [The matter has been taken up today as 03.03.2026 was declared holiday and 25.04.2026 being declared as Court sitting day.] 1. The present appeal has been preferred by the appellant, who was the plaintiff before the Trial Court, being aggrieved with the order dated 31.01.2025 in CS DJ No. 152/2024, whereby the application under Order XXXIX Rule 1 & 2 CPC filed by the appellant was dismissed. 2. The facts in a nutshell are that the plaintiff had preferred the underlying suit for specific performance and permanent injunction, or in alternative, recovery of Rs.91,10,000/-. In the suit, it was stated that the plaintiff was inducted as a tenant on the first floor of the property, comprising of ground and first floor of the property bearing no. B-20, 2016. The respondent, being the defendan